132M-125-200  <<  132M-125-205 >>   132M-125-210

WAC 132M-125-205

Supplemental definitions.

The following supplemental definitions shall apply for purposes of student conduct code proceedings involving allegations of sexual misconduct by a student:
(1) A "complainant" is an alleged victim of sexual misconduct, as defined in subsection (2) of this section.
(2) "Sexual misconduct" is prohibited sexual- or gender-based conduct by a student including, but not limited to:
(a) Sexual activity for which clear and voluntary consent has not been given in advance;
(b) Sexual activity with someone who is incapable of giving valid consent because, for example, she or he is underage, sleeping or otherwise incapacitated due to alcohol or drugs;
(c) Sexual harassment;
(d) Sexual violence which includes, but is not limited to, sexual assault, domestic violence, intimate violence, and sexual- or gender-based stalking;
(e) Nonphysical conduct such as sexual- or gender-based digital media stalking, sexual- or gender-based online harassment, sexual- or gender-based cyberbullying, nonconsensual recording of a sexual activity, and nonconsensual distribution of a recording of a sexual activity.
[Statutory Authority: RCW 28B.50.140, 42.56.040, Violence Against Women Reauthorization Act of 2013, and Title IX of the Educational Amendments of 1972. WSR 15-12-041, ยง 132M-125-205, filed 5/27/15, effective 6/27/15.]
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